Request for Qualifications Burnaby Hospital Redevelopment Project - Phase 1 - RFQ #11032 Issued December 5, 2019
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Request for Qualifications Burnaby Hospital Redevelopment Project - Phase 1 RFQ #11032 Issued December 5, 2019
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page i SUMMARY OF KEY INFORMATION RFQ TITLE The title of this RFQ is: RFQ – Burnaby Hospital Redevelopment Project - Phase 1 Please use this title on all correspondence. CONTACT PERSON The Contact Person for this RFQ is: Jag Tamber Email: jag.tamber@partnershipsbc.ca Please direct all Enquiries, by email, to the above named Contact Person. No telephone Enquiries please. ENQUIRIES Respondents are encouraged to submit Enquiries at an early date and prior to 15:00 Pacific Time on the day that is 10 Business Days before the Submission Time to permit consideration by the Authority; the Authority may, in its discretion, decide not to respond to any Enquiry. RECEIPT CONFIRMATION FORM The Addenda and any further information relating to this RFQ will be directed only to parties who have completed and returned the Receipt Confirmation Form. SUBMISSION TIME The Submission Time is: 11:00 Pacific Time on March 5, 2020 SUBMISSION LOCATION Responses are to be submitted to: c/o Partnerships BC Suite 1220, 800 West Pender Street Vancouver, V6C 2V6 Attention: Jag Tamber DELIVERY HOURS Deliveries will be accepted at the Submission Location on weekdays (excluding Statutory Holidays) from 8:30 to 16:00 Pacific Time (but not later than the Submission Time).
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page ii TABLE OF CONTENTS SUMMARY OF KEY INFORMATION ............................................................................................................ I 1 INTRODUCTION ................................................................................................................................... 1 1.1 Purpose of this RFQ ................................................................................................................... 1 1.2 Administration of this RFQ .......................................................................................................... 1 1.3 Eligibility ...................................................................................................................................... 1 1.4 Project Brief ................................................................................................................................ 1 2 THE PROJECT ..................................................................................................................................... 2 2.1 Burnaby Hospital Redevelopment Project - Phase 1 ................................................................. 2 2.2 Project Objectives ....................................................................................................................... 3 2.3 Project Site .................................................................................................................................. 4 2.4 Project Team............................................................................................................................... 5 2.5 Advance Work by the Authority .................................................................................................. 5 2.6 General Scope of Project Co’s Responsibility ............................................................................ 7 2.7 Key Commercial Terms .............................................................................................................. 9 3 COMPETITIVE SELECTION PROCESS............................................................................................ 12 3.1 RFQ Stage ................................................................................................................................ 12 3.2 RFP Stage ................................................................................................................................ 12 3.3 Compensation for Participation in the Competitive Selection Process..................................... 13 3.4 Competitive Selection Timeline ................................................................................................ 13 3.5 Introductory Project Meeting ..................................................................................................... 14 4 SUBMISSION AND PROCESS INSTRUCTIONS .............................................................................. 15 4.1 Mandatory Requirements ......................................................................................................... 15 4.2 Response Form and Content .................................................................................................... 15 4.3 Language of Responses and Enquiries .................................................................................... 15 4.4 No Fax or Email Submission .................................................................................................... 15 4.5 Receipt of Complete RFQ ......................................................................................................... 15 4.6 Receipt Confirmation Form ....................................................................................................... 15 4.7 Enquiries ................................................................................................................................... 15 4.8 Unofficial Information ................................................................................................................ 16 4.9 Delivery and Receipt of Fax and Email Communications......................................................... 16 4.10 Addenda .................................................................................................................................... 17
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page iii 4.11 Definitive Record....................................................................................................................... 17 4.12 Revisions Prior to the Submission Time ................................................................................... 17 4.13 Response Declaration Form ..................................................................................................... 17 4.14 Relationship Disclosure Form ................................................................................................... 17 5 EVALUATION ..................................................................................................................................... 19 5.1 Evaluation Criteria..................................................................................................................... 19 5.2 Evaluation and Selection Procedures ....................................................................................... 19 5.3 Interviews .................................................................................................................................. 20 5.4 Changes to Respondent Teams ............................................................................................... 20 6 RFQ TERMS AND CONDITIONS ....................................................................................................... 22 6.1 No Obligation to Proceed .......................................................................................................... 22 6.2 Freedom of Information and Protection of Privacy Act ............................................................. 22 6.3 Confidentiality of Authority Information ..................................................................................... 22 6.4 Cost of Preparing the Response............................................................................................... 23 6.5 No Representation or Warranty ................................................................................................ 23 6.6 Reservation of Rights................................................................................................................ 23 6.7 Limitation of Damages .............................................................................................................. 24 6.8 Ownership of Responses .......................................................................................................... 24 6.9 Disclosure and Transparency ................................................................................................... 24 6.10 No Communication or Collusion ............................................................................................... 25 6.11 No Lobbying .............................................................................................................................. 25 6.12 Relationship Disclosure and Review Process .......................................................................... 26 6.13 Legal Counsel ........................................................................................................................... 31 6.14 Fairness Reviewer .................................................................................................................... 31 7 DEFINITIONS AND INTERPRETATION ............................................................................................ 32 7.1 Definitions ................................................................................................................................. 32 7.2 Interpretation ............................................................................................................................. 37 APPENDIX A RESPONSE GUIDELINES AND EVALUATION CRITERIA ............................................. 39 APPENDIX B RECEIPT CONFIRMATION FORM .................................................................................... 52 APPENDIX C CONFIDENTIALITY AGREEMENT ................................................................................... 54 APPENDIX D RESPONSE DECLARATION FORM ................................................................................. 57 APPENDIX E RELATIONSHIP DISCLOSURE FORM ............................................................................. 60
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page iv APPENDIX F PARTICIPATION AGREEMENT ........................................................................................ 62 APPENDIX G BONDING UNDERTAKING ............................................................................................... 68 APPENDIX H INSURANCE UNDERTAKING – COMMERCIAL GENERAL LIABILITY ......................... 69 APPENDIX I ENQUIRY FORM .................................................................................................................. 70
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 1 1 INTRODUCTION 1.1 PURPOSE OF THIS RFQ The purpose of this request for qualifications is to invite interested parties to submit Responses indicating their interest in, and qualifications for, the Burnaby Hospital Redevelopment Project - Phase 1 (the “Project”). Based on these Responses, the Fraser Health Authority (the “Authority”) intends to select, in accordance with the terms of this RFQ, a shortlist of up to three Proponents to be invited to participate in the next stage of the Competitive Selection Process, the Request for Proposals (“RFP”) stage. This RFQ is not a tender or an offer or a request for proposals, and there is no intention by the Authority to make an offer by issuing this RFQ. If a capitalized term used in this RFQ is not defined in Section 7, it will be defined in the section of the RFQ in which it is first used. 1.2 ADMINISTRATION OF THIS RFQ Partnerships British Columbia Inc. (“Partnerships BC”) is managing this RFQ and the Competitive Selection Process on behalf of the Authority. 1.3 ELIGIBILITY Any interested party, or parties, may submit a Response to this RFQ. Respondents may be individuals, corporations, consortium joint ventures, partnerships or any other legal entities. If the Respondent is not a legal entity, the Respondent will act through the legal entity or entities comprising the Respondent. 1.4 PROJECT BRIEF The Authority has issued a Project Brief for the purpose of providing an informal and convenient summary of aspects of the Project. The Project Brief is not included as part of the RFQ or RFP, and is not intended to be included with, or referred to in any way in interpreting the requirements of, the RFQ, the RFP, the Agreements or to in any way define or describe any party’s rights with respect to the Project.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 2 2 THE PROJECT 2.1 BURNABY HOSPITAL REDEVELOPMENT PROJECT - PHASE 1 Over the last quarter century, Burnaby, British Columbia has witnessed significant changes in its demographic profile, evolving from a rural and suburban community to a major urban centre that is socially, economically and culturally diverse. Currently, Burnaby is one of the fastest growing municipalities in British Columbia with a population of over 246,000 people in 2018. Burnaby’s population is expected to continue to increase at an average annual rate of 1.5 percent over the next 15 years, a rate 30% higher than British Columbia as a whole. Burnaby’s population is projected to reach 270,000 by 2024, 301,600 by 2032 and over 310,000 by 2035. Burnaby Hospital (“BH”) is a community hospital located in Burnaby, serving the health care needs of residents in Burnaby, the eastern part of Vancouver and other bordering municipalities. Centrally located between Willingdon and Boundary at 3935 Kincaid Avenue, it provides a full range of primary and secondary acute care services as well as a number of specialized services such as 24/7 emergency care, general and internal medicine, general surgery, orthopedics, gynecology, urology, level one and two obstetrics, neonatal intensive care and tertiary palliative care, adult psychiatry, ambulatory care and other outpatient clinics. The Project comprises of a new build Inpatient/Outpatient Tower and includes renovations and a new expansion of the Support Facilities Building, renovations to the Nursing Tower, renovations to the existing steam boiler plant and demolition of the West Wing and Cascade Buildings (see Figure 1). Figure 1: Existing Site
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 3 Under the Competitive Selection Process, the Authority is seeking to enter into: 1. a contract (the “Project Agreement”) with a qualified entity (“Project Co”) to undertake the design, build and partial financing of a new Inpatient/Outpatient Tower and an expansion to the Support Facilities Building (the “DBF Scope”); 2. a contract (the “Construction Management Agreement”) with the Construction Manager to provide construction management services to the Authority for the renovations to the Support Facilities Building, the Nursing Tower, the existing steam boiler plant and demolition of the West Wing and Cascade Buildings (the “CM Scope”); and 3. a contract (the “Design Services Agreement”) with the Design Firm to provide design services to the Authority for the renovations to the Support Facilities Building, the Nursing Tower and the existing steam boiler plant, collectively referred to as the Agreements. The Authority reserves the right to combine one or more of the Agreements, so that the CM Scope and/or the Design Services Agreement might form part of the Project Agreement or the CM Scope and the Design Services Agreement might be combined into one agreement. Full details of the Agreements will be provided in the RFP. The construction cost of the entire Project is estimated to be approximately $390 million. The DBF Scope construction value is anticipated to be approximately $205 million and the CM Scope construction value to be approximately $185 million. 2.2 PROJECT OBJECTIVES The following objectives were established to guide the development of the Project: Clinical Objectives: (a) Improve patient outcomes by improving the quality of the health care environment; e.g. reduce rates of hospital acquired infections through provision of single-occupancy rooms, separation of clean/soiled material transport routes and modernized HVAC Systems; (b) Reduce cost of acute care by improving access to community outpatient services for high-complexity / poly-morbid patients; (c) Improve patient and family experience by providing care space that conforms to modern design standards; e.g. enable patient privacy, provide greater access to daylight, provide space for family support; (d) Reduce surgical and procedural wait lists by providing increased operating room and procedure room capacity; and
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 4 (e) Improve access to, and quality of, emergency services by providing emergency care space that supports efficient and high quality care; indicators of improved access include: reduced “time to see physician”, reduced “time to discharge”, and reduced “left without being seen” rates. Facility Objectives: (a) Improve safety for staff and improve the quality of the work environment; (b) Reduce facility risk associated with aging infrastructure and deferred maintenance as measured by the facility condition index; (c) Build capacity for subsequent project phases; (d) Achieve post-disaster site standards for new buildings; (e) Improve campus energy efficiency and achieve LEED® Gold for new buildings; and (f) Improve environmental conditions for critical spaces such as operating rooms, medical device reprocessing department, pharmacy, etc. This includes proper control of relative humidity, temperature, and ventilation aligned with current Canadian Standards Association standards and building code requirements. 2.3 PROJECT SITE The hospital site is located on a hill resulting in a variation in elevation from west to east. As shown in Figure 1, the hospital buildings are grouped at the westerly portion of the site due to a steep drop in terrain to the east. The easterly portion of the site consists of a dense treed area that is relatively steep with a creek bed near the bottom of the slope, posing a significant constraint to the existing BH campus (the “Site”) and rendering this area effectively undevelopable. Main power lines run in the north-south and east-west direction along the northern and eastern boundary of the Site. BH consists of five buildings constructed in the 1950s through to the 1970s and parking areas identified as follows: North Wing – Consists of the original 1952 hospital building; West Wing - The 1958 expansion immediately to the south and perpendicular to the North Wing. The North Wing and West Wing are jointly referred to as the West Wing. Cascade (Residence) Building – Built in 1973 as a residential care facility and later renovated into a mental health and substance use facility. Support Facilities Building – Built in 1978 and accommodating key diagnostic and treatment services. Nursing Tower – Built in 1978 and containing patient and staff facilities.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 5 Parking – comprising a multi-level parkade built in 1975, surface parking to the south of the west wing and other smaller parking areas in various locations. 2.4 PROJECT TEAM 2.4.1 Fraser Health Authority The Authority is one of six provincial health authorities established by the provincial government to administer health care services in British Columbia. The Authority is the largest of the province’s health authorities, providing the full continuum of care services to more than 1.8 million people living in communities (one-third of the provincial population) stretching from Burnaby to White Rock to Hope. This catchment area is a diverse multicultural population, including approximately 38,100 First Nations people associated with 32 bands. The Authority is one of Canada’s largest and fastest growing health authorities with over 25,000 employees, 2,600 physicians, and nearly 8,000 volunteers. With an annual operating budget of $3.3 billion (2014/15) the Authority operates 12 acute care hospitals, 7,760 residential care beds, and provides mental health care, public health, home and community care. Additional information about the Authority is available at: www.fraserhealth.ca. 2.4.2 Partnerships BC Partnerships BC supports the public sector in meeting its infrastructure needs by providing leadership, expertise and consistency in the procurement of complex capital projects by utilizing private sector innovation, services and capital to deliver measurable benefits for taxpayers. The Authority has engaged Partnerships BC to manage the Competitive Selection Process for the Project. Additional information about Partnerships BC is available at www.partnershipsbc.ca. 2.5 ADVANCE WORK BY THE AUTHORITY The following sections provide an overview of the work undertaken on the Project to date, and work planned to be undertaken prior to Contract Execution. 2.5.1 Approval The Project has been approved to proceed to procurement by the Province of British Columbia. Further Authority and Province approvals are expected to be required prior to issuance of the RFP and Contract Execution.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 6 2.5.2 Site Zoning The site is zoned P6 for institutional use. The adjacent zoning to the north and south of the site is mainly single and two-family residential (R5). The west side of the site is zoned for multi-family residential use (RM2) and the east side of the site is zoned CD for comprehensive development. Rezoning is not required to accommodate the Project. The Authority has been working with the City of Burnaby (the “City”) during the development of the indicative design for the Project and has had senior level discussions regarding timelines and potential expediting of the permit review and approval process. Further details will be included in the RFP and the Agreements. Development (Preliminary Plan Approval) and building permits will be required. It will be Project Co’s responsibility to obtain these permits. 2.5.3 Site Preparation The Authority has undertaken the following site assessments: Geotechnical Report Phase 1 Environmental Site Assessment Phase 2 Environmental Site Assessment Cascade Building Hazardous Materials Report West Wing Building Hazardous Materials Report North Wing Building Hazardous Materials Report Support Facilities Building Hazardous Materials Report Where contamination is disclosed by these reports, the Authority will manage the remediation accordingly and/or outline how this known contamination is handled in the Agreements. If unanticipated site conditions occur during construction, these will be addressed in the Agreements. 2.5.4 Programming and Indicative Design A functional program was created to support the business plan for the Project, and will form the basis for clinical specifications. The Authority’s compliance team has developed an indicative design. This indicative design serves several purposes, including testing the functional program to ensure that it fits within the available space, providing input to a quantity surveyor estimate to confirm affordability, and supporting the refinement of key departmental adjacencies and work flows. The indicative design is not intended to restrict Proponents in their design of the Project. Proponents at the RFP phase will be provided with, and may use, the indicative design as a reference for its design, but the Authority makes no representation as to the accuracy or completeness of any aspect of the indicative design.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 7 2.6 GENERAL SCOPE OF PROJECT CO’S RESPONSIBILITY 2.6.1 The Agreements The Authority intends to attach the Initial Draft Agreements to the RFP which will include: (a) Performance Specifications for the design and construction of the DBF Scope; and (b) proposed commercial terms. The Authority will issue Final Draft Agreements which will be the basis upon which the Proposals will be submitted in response to the RFP. 2.6.2 General Scope of Responsibility – DBF Scope The Authority anticipates that the general scope of Project Co’s responsibility under the Project Agreement will be as follows: (a) Design Project Co will be responsible for all aspects of the design for the Project including the integration of the various building components with each other. The final design will comply with the Performance Specifications that will be included in the Project Agreement and all applicable laws, including City requirements. (b) Construction and Demolition Project Co will be completely responsible for: (1) obtaining all permits and approvals necessary for construction of the DBF Scope, excluding zoning approvals already in place; (2) provision of utilities and other site services required to support the DBF Scope, including off- site works as required to connect the Project to existing City infrastructure; (3) construction of the Project; (4) achieving substantial completion; and (5) hazardous materials abatement and demolition in relation to the expansion of the Support Facilities Building as required. (c) Equipment The relevant categories of equipment, and responsibilities for each, will be set out in the Project Agreement. Project Co will have a significant role in the procurement and integration of the equipment into the design. (d) Finance
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 8 It is anticipated that Project Co will receive payments from the Authority during the design and construction period together with a substantial completion payment following successful commissioning of the new Inpatient/Outpatient Tower. Project Co will be responsible for financing approximately $50 million of construction period costs. The Authority does not anticipate accepting corporate financing (i.e. financing not from an independent third party). Payments from the Authority during the design and construction periods will commence once Project Co has expended a pre-determined amount and will partially cover the funding required for the DBF Scope. Following substantial completion of the new Inpatient/Outpatient Tower, Project Co will receive the balance of the contract price in accordance with, and subject to, the terms and conditions of the Project Agreement. It is anticipated that Project Co will be required to provide performance security to a specified minimum amount. Performance security requirements will be set out in the RFP, and may include parental company guarantees, and irrevocable demand letters of credit or combinations thereof. (e) Interface with the Construction Management Agreement The Project Agreement and the Construction Management Agreement will provide for an interface between Project Co and the Construction Manager. Project Co will be required to manage the interface and integration between the design-build and construction management components, including the responsibility to resolve any issues between the Design-Build Contractor and the Construction Manager. (f) Wood First As contemplated by the Wood First Act (British Columbia), Project Co will be required to use wood in the new Inpatient/Outpatient Tower consistent with Wood First legislation. (g) Leadership in Energy and Environmental Design (“LEED®”) The successful Proponent will be required to build the new Inpatient/Outpatient Tower to achieve LEED® Gold certification for Building Design and Construction. The expansion and renovations will not be required to achieve LEED® Gold. (h) Communication and Consultation The Authority and Project Co will work together on all aspects of public communication and consultation as set out in the Project Agreement. 2.6.3 Renovation Design and Construction Management Services The Design Firm(s) and the Construction Manager will provide design and construction management services, under separate contracts, to the Authority in relation to the renovation and demolition works. The Design Firm(s) will work with the Authority to finalize the design, and the planning and phasing
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 9 schedule, for the renovations and demolition. As part of these services, the Construction Manager will provide construction management services to tender construction contracts for the various work packages on behalf of the Authority. The Authority will enter into contracts with the successful contractors identified through these tendering processes with the assistance and guidance of the Construction Manager. 2.6.4 Community Benefits The Community Benefits Agreement between BC Infrastructure Benefits Inc. and the Allied Infrastructure and Related Construction Council of BC will not apply to the Project. 2.6.5 Apprentices on Public Projects in British Columbia Policy and Procedures Guidelines As contemplated by the Apprentices on Public Projects in British Columbia Policy and Procedures Guidelines (the “Apprentices Policy”), the Project Co (and any subcontractors as defined in the Apprentices Policy) will be required to demonstrate engagement in apprenticeship training, to use apprentices on the work site, and to report accordingly to government. The Project Agreement and Construction Management Agreement will contain terms to ensure compliance. Further information about the Apprentices Policy is available at: http://www2.gov.bc.ca/gov/content/industry/construction-industry/apprentices. 2.7 KEY COMMERCIAL TERMS 2.7.1 Key Commercial Terms The following are some of the key commercial terms that the Authority anticipates will be included in the Agreements: (a) Term: (1) The term of the Project Agreement will commence on signing. It is anticipated that construction will commence in July 2021.The new Inpatient/Outpatient Tower is targeted to be substantially complete and available for use in January 2024, and the expansion of the Support Facilities Building is targeted to be substantially complete and available for use in August 2023. (2) The term of the Design Services Agreement will commence on signing. It is anticipated that design works will commence in June 2021 and the works are targeted to be substantially complete by June 2022, with some site services and minor design works continuing until the renovation and demolition works are substantially complete. (3) The term of the Construction Management Agreement will commence on signing. It is anticipated that construction will commence in August 2022 with all renovations to the Nursing Tower and the Support Services Building are targeted to be completed and the areas
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 10 available for use by July 2024 and June 2025 respectively; and the demolition works are targeted to be substantially complete by December 2024. (b) Payment: The Authority will make progress payments and may make milestone payments over the construction period as defined in the Agreements (the amount, timing and terms and conditions of which will be set out in the RFP). (1) Project Agreement: Financing of the capital cost of the DBF Scope will be split on a pro-rata basis with approximately 25% of upfront private financing from Project Co and 75% from the Authority. Project Co will receive payments during the design and construction period and on substantial completion. It is anticipated that a performance mechanism will be implemented to encourage Project Co to meet performance and quality requirements during the design and construction of the DBF Scope. (2) Construction Management Agreement: The Authority anticipates making service payments to the Construction Manager over the construction period as defined in the agreement. The Authority anticipates making payments on a monthly payment cycle. (3) Design Services Agreement: The Authority anticipates making progress payments and may make milestone payments to the Design Firm(s) over the design and construction period as defined in the agreement. The Authority anticipates making payments on a monthly payment cycle. (4) The Authority anticipates that an independent certifier will be jointly appointed by the Authority and Project Co to provide payment certification services for the benefit of both parties during the construction period. (c) Price: It is anticipated that there will be a Project Price Ceiling in the RFP stipulating a maximum of the payments over the construction period, and that it will be mandatory to comply with this requirement. (d) Risk Allocation: The Project Agreement risk allocation will be based on Partnerships BC past precedents. The Construction Management Agreement and Design Services Agreement will be based on industry standards. (e) Warranty: The Authority anticipates requiring Project Co to provide a two-year extended warranty for the DBF Scope and extended warranties for key components of the DBF Scope as defined in the Project Agreement. (f) Deficiencies: The Authority anticipates implementing a milestone payment or holdback for achieving total completion as defined in the Project Agreement.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 11 2.7.2 Availability of Key Individuals In regards to all Key Individuals, Respondents should also anticipate that the Authority will include certain deductions to Project Co, and/or payments to the Authority, in the Project Agreement to address the availability of Key Individuals. Any proposed replacement should possess expertise and experience that is similar to, if not better than, that of the unavailable Key Individual, and any such replacement is subject to approval of the Authority. Additional Key Individuals may be required at the RFP stage.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 12 3 COMPETITIVE SELECTION PROCESS This Section describes the process that the Authority expects to use in the selection of a Preferred Proponent and the execution of the Agreements. The anticipated Competitive Selection Process includes two stages: (a) the RFQ stage and (b) the RFP stage, which includes Contract Execution. 3.1 RFQ STAGE The Authority anticipates that it will select, in accordance with the terms of this RFQ, a shortlist of no more than three Respondents to be Proponents, and then issue an RFP to that shortlist only, from which the Preferred Proponent will be selected in accordance with the terms of the RFP. 3.2 RFP STAGE The Authority’s objective at the RFP stage is to select the Preferred Proponent with whom it may enter into the Agreements. The RFP stage is expected to include: 3.2.1 Collaborative Meetings The RFP will include collaborative discussions (the “Collaborative Meetings”) relating to technical and commercial matters through workshops and topic meetings in accordance with the terms of the RFP, to allow Proponents to provide comments on Project-specific issues raised through the process. Attendance at Collaborative Meetings will be in person. The Authority anticipates that the RFP stage will allow Proponents to provide input on the Initial Draft Agreements as follows: (a) the Authority will invite each Proponent to review the Initial Draft Agreements as attached to the RFP and then meet confidentially and separately with the Authority to discuss any comments or amendments that the Proponent requests to be considered; (b) the Authority will consider all comments and requested amendments received from the Proponents and may, at the discretion of the Authority, amend the Initial Draft Agreements, and by one or more Addenda issue revised Initial Draft Agreements; and (c) ultimately the Authority will issue the Final Draft Agreements as the common basis for the preparation of Proposals by the Proponents. 3.2.2 RFP Submission The form of the RFP submission will be described in the RFP and is expected to address both technical and financial aspects of the Project. It is anticipated that a technical submission addressing the technical aspects of the RFP will be submitted in advance of a financial submission. The RFP submission is expected to include the following:
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 13 (a) a fully binding Proposal to design and build the Project; (b) fully committed financing, including confirmation from the Proponent’s funding sources confirming acceptance of the terms of the Project Agreement; (c) a commitment to enter into the Agreements by Project Co; and (d) committed pricing for the Project, inclusive of all fees and taxes except GST. 3.3 COMPENSATION FOR PARTICIPATION IN THE COMPETITIVE SELECTION PROCESS The Authority will not provide any compensation to Respondents for participating in the RFQ stage of the Competitive Selection Process. If the Competitive Selection Process continues into the RFP stage, the Authority intends to make provision for partial compensation in the amount of $2,000,000, inclusive of all taxes, payable to each unsuccessful Proponent in accordance with the terms of the RFP. 3.4 COMPETITIVE SELECTION TIMELINE The following is the Authority’s estimated timeline for the Competitive Selection Process and the Project: Activity Timeline RFQ issue date December 5, 2019 Introductory Project Meeting and site tour January 8 2020 RFQ Submission Time March 5, 2020 Respondent interviews (optional) March 2020 Announce Shortlisted Respondents May 2020 Issue RFP and Initial Draft Agreements to Proponents June 2020 Business-to-Business Networking Session June 2020 Collaborative Meetings July – September 2020 Issue Final Draft Agreements October 2020 Submission Time for Technical Submissions December 2020 Submission Time for Financial Submissions February 2021 Selection of Preferred Proponent March 2021 Contract Execution May 2021 Construction Commences July 2021 Substantial Completion August 2023 (Support Facilities Building Expansion)
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 14 Activity Timeline Substantial Completion January 2024 (New Inpatient/Outpatient Tower) Substantial Completion July 2024 (Renovation Nursing Tower) Substantial Completion (Demolition of Cascade and December 2024 West Wing Buildings) Substantial Completion June 2025 (Renovation Support Facilities Building) All dates in the above timeline are subject to change at the discretion of the Authority. 3.5 INTRODUCTORY PROJECT MEETING The Authority intends to hold an introductory project meeting to introduce the Project and to which all interested parties will be invited. The date of this meeting will be January 8, 2020 in Burnaby, British Columbia. All parties who wish to attend should complete and submit a Receipt Confirmation Form for further details. Attendance will not be mandatory. A list of those attendees that have registered through the Contact Person will be made available to those who have submitted a Receipt Confirmation Form. The PowerPoint presentation from the introductory project meeting will be made available after the meeting to interested parties who have submitted a Receipt Confirmation Form. Minutes will not be prepared or circulated. No information from the meeting may be relied upon unless set out in an Addendum or a response to an Enquiry under Section 4.7. It is anticipated that the meeting will include a tour of the Site.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 15 4 SUBMISSION AND PROCESS INSTRUCTIONS 4.1 MANDATORY REQUIREMENTS Responses to this RFQ must be received at the Submission Location before the Submission Time as stated in the Summary of Key Information. Responses received after the Submission Time will not be considered and will be returned unopened. All times will be determined with reference to the clock used by the Contact Person for that purpose. 4.2 RESPONSE FORM AND CONTENT Responses to this RFQ should be in the form and content described in Appendix A. 4.3 LANGUAGE OF RESPONSES AND ENQUIRIES Responses and Enquiries should be in English. Any portion of a Response not in English may not be evaluated, and any Enquiry not in English may not be considered. 4.4 NO FAX OR EMAIL SUBMISSION Responses submitted by fax or email will not be accepted. 4.5 RECEIPT OF COMPLETE RFQ Respondents are solely responsible to ensure that they have received the complete RFQ, as listed in the table of contents, plus any Addenda. Each and every Response is deemed to be made on the basis of the complete RFQ issued prior to the Submission Time. The Authority accepts no responsibility for any Respondent that does not receive all RFQ information. 4.6 RECEIPT CONFIRMATION FORM Any further information relating to this RFQ will be directed only to parties who have completed and returned the Receipt Confirmation Form (Appendix B). This form is to be completed, executed and delivered to the Contact Person via email. 4.7 ENQUIRIES All enquiries regarding any aspect of this RFQ should be directed to the Contact Person by email (each an “Enquiry”).
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 16 Respondents are encouraged to submit Enquiries using the Enquiry Form (Appendix I) at an early date and prior to 15:00 Pacific Time on the day that is 10 Business Days before the Submission Time to permit consideration by the Authority; the Authority may, in its discretion, decide not to respond to any Enquiry. The following will apply to any Enquiry: (a) any responses will be in writing; (b) Enquiries to, and responses from, the Contact Person will be recorded; (c) a Respondent may request that a response to an Enquiry be kept confidential if the Respondent considers the Enquiry to be commercially sensitive, and if the Authority decides that an Enquiry should be distributed to all Respondents, then the Authority will permit the enquirer to withdraw the Enquiry rather than receive a response; (d) subject to Section 4.7 (c), any Enquiry and response may, in the Authority’s discretion, be distributed to all Respondents, if the Authority in its discretion considers the matter to be a matter of substance or a matter that should be brought to the attention of all Respondents for purposes of fairness in, or maintaining the integrity of, the Competitive Selection Process. The Authority may keep either or both the Enquiry and response confidential if in the judgment of the Authority it is fair or appropriate to do so; and (e) the Authority is not required to provide a response to any Enquiry. 4.8 UNOFFICIAL INFORMATION Information offered to Respondents in respect of this RFQ from sources other than the Contact Person is not official, may be inaccurate, and should not be relied on in any way, by any person, for any purpose. 4.9 DELIVERY AND RECEIPT OF FAX AND EMAIL COMMUNICATIONS No fax communication with the Contact Person is permitted with respect to the Project. The following provisions will apply to any communications with the Contact Person, or the delivery of documents to the Contact Person, by email where such email communications or delivery is permitted by the terms of this RFQ: The Authority does not assume any risk or responsibility or liability whatsoever to any Respondent: (a) for ensuring that any electronic email system being operated for the Authority or Partnerships BC is in good working order, able to receive emails, or not engaged in receiving other emails such that a Respondent’s email cannot be received; and/or
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 17 (b) if a permitted email communication or delivery is not received by the Contact Person, or received in less than its entirety, within any time limit specified by this RFQ. All permitted email communications with, or delivery of documents to, the Contact Person will be deemed as having been received by the Contact Person on the dates and times indicated on the Contact Person’s electronic equipment or by the clock used by the Contact Person for that purpose. 4.10 ADDENDA The Authority may, in its discretion through the Contact Person, amend or clarify the terms or contents of this RFQ at any time before the Submission Time by issuing a written Addendum. Written Addenda are the only means of amending or clarifying this RFQ, and no other form of communication, whether written or oral, including written responses to Enquiries as provided by Section 4.7, will be included in, or will in any way amend or clarify this RFQ. Only the Contact Person is authorized to amend or clarify this RFQ by issuing an Addendum. No other employee or agent of the Authority is authorized to amend or clarify this RFQ. The Authority will send a notification of any Addendum to all parties who have delivered a completed Receipt Confirmation Form. 4.11 DEFINITIVE RECORD If there is any inconsistency between the paper form of a document and the digital, electronic or other computer readable form, the electronic conformed version of the RFQ in the custody and control of the Authority prevails. 4.12 REVISIONS PRIOR TO THE SUBMISSION TIME A Respondent may amend or withdraw its Response at any time prior to the Submission Time by delivering written notice to the Contact Person at the Submission Location prior to the Submission Time. 4.13 RESPONSE DECLARATION FORM Respondents are required to complete the Response Declaration Form, substantially in the form attached as Appendix D or as otherwise acceptable to the Authority in the Authority’s discretion, and should include the completed form as part of its Response. The Response Declaration Form will be executed by a signatory with authority to bind each member of the Respondent Team, and for clarity such signatory may be different than the Respondent Representative. 4.14 RELATIONSHIP DISCLOSURE FORM Respondents are required to complete the Relationship Disclosure Form, substantially in the form attached as Appendix E, or as otherwise acceptable to the Authority in the Authority’s discretion, and
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 18 should include the completed form as part of their Response. The Relationship Disclosure Form will be executed by a signatory with authority to bind each member of a Respondent Team, and for clarity such signatory may be different than the Respondent Representative.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 19 5 EVALUATION The evaluation of Responses will be carried out by the Authority with assistance from other persons as the Authority may decide it requires, including technical, financial, legal and other advisors or employees of the Authority or Partnerships BC. 5.1 EVALUATION CRITERIA The Authority will evaluate Responses by application of the Evaluation Criteria as outlined in Appendix A. 5.2 EVALUATION AND SELECTION PROCEDURES The Authority will evaluate Responses based on the information described in Table 3 of Appendix A and may in its discretion also consider any or all additional information received from the steps described in (a)-(e) below. To assist in the evaluation of the Responses, the Authority may, in its discretion, but is not required to: (a) conduct reference checks relevant to the Project with any or all of the references cited in a Response to verify any and all information regarding a Respondent, inclusive of its directors/officers and Key Individuals; (b) conduct any additional investigations and/or seek any additional information that it considers necessary in the course of the Competitive Selection Process, including with respect to Nominated Projects and projects in which a Respondent Team member has been involved in the last five years but which are not Nominated Projects; (c) seek clarification of a Response or supplementary information from any or all Respondents; (d) request interviews with any, some, or all Respondents to clarify any questions or considerations based on the information included in Responses or seek any supplementary information; and (e) rely on and consider in the evaluation of the Responses any information obtained as a result of such reference checks, investigations, requests for clarification or supplementary information, interviews, and/or any additional information that it receives during the evaluation process. The Authority is not obligated to complete a detailed evaluation of all Responses and may, in its discretion, after completing a preliminary review of all the Responses, discontinue detailed evaluation of any Respondent for any reason, including if the Authority: (a) considers a Response to be incomplete; (b) after reviewing the information submitted in a Response relating to the requirements set out in Section 4 of Table 3 of Appendix A, considers that the information submitted is insufficient to
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 20 demonstrate to the satisfaction of the Authority, in its discretion, that the Respondent and each other Respondent Team member (other than Key Individuals) has the financial capacity to fulfill its obligations in respect of the Project; or (c) judges the Response, when compared to the Responses of other Respondents, to not be in contention to be shortlisted. The Authority will notify Respondents of the RFQ results by sending a written notice to the Respondent Representative. The Authority will conduct a debriefing, upon request, for any Respondent if the debriefing is requested within 90 days after a shortlist has been announced. In a debriefing the Authority will discuss the relative strengths and weaknesses of that Respondent’s Response, but the Authority will not disclose or discuss any confidential information of another Respondent. 5.3 INTERVIEWS Respondents may be required by the Authority to have interviews regarding their Response during the evaluation process at the request of the Authority. The agenda for the interview will be set by the Authority. The interviews should be specific to the Project and may not contain any marketing information of the Respondent or any member of the Respondent Team. 5.4 CHANGES TO RESPONDENT TEAMS The Authority intends to issue the RFP only to Respondents that have been shortlisted under this RFQ as Proponents for the RFP stage. If for any reason after the Submission Time a Respondent wishes or requires to add, remove or otherwise change a member of its Respondent Team, or there is a material change in ownership or control (which includes the ability to direct or cause the direction of the management actions or policies of a member) of a member of the Respondent Team, or there is a change to the legal relationship among any or all of the Respondent and its Respondent Team members, then the Respondent will submit a written application to the Authority for approval, including supporting information that may assist the Authority in evaluating the change. The Authority, in its discretion, may grant or refuse an application under this Section, and in exercising its discretion the Authority will consider the objective of achieving a Competitive Selection Process that is not unfair to the other Respondents. For clarity: (a) if the application is made after the Proponents have been determined, the Authority may refuse to permit a change to the membership of a Respondent Team if the change would, in the Authority’s judgment, result in a weaker team than was originally shortlisted; or (b) the Authority may, in the exercise of its discretion, permit any changes to a Respondent Team, including changes as may be requested arising from changes in ownership or control of a
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 21 Respondent or a Respondent Team member, or changes to the legal relationship among the Respondent Team members such as the creation of a new joint venture or other legal entity or relationship in place of the Respondent Team. The Authority’s approval may include such terms and conditions as the Authority may consider appropriate. This Section will apply until issuance of the RFP.
Burnaby Hospital Redevelopment Project - Phase 1 Request for Qualifications Issued December 5, 2019 Page 22 6 RFQ TERMS AND CONDITIONS 6.1 NO OBLIGATION TO PROCEED This RFQ does not commit the Authority in any way to proceed to an RFP stage or award a contract, and the Authority reserves the complete right to, at any time, reject all Responses and to terminate the Competitive Selection Process established by this RFQ and proceed with the Project in some other manner as the Authority may decide in its discretion. 6.2 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT All documents and other records in the custody of, or under the control of, the Authority are subject to the Freedom of Information and Protection of Privacy Act (“FOIPPA”) and other applicable legislation. By submitting a Response, the Respondent represents and warrants to the Authority that the Respondent has complied with applicable laws, including by obtaining from each individual any required consents and authorizations to the collection of information relating to such individual and to the submission of such information to the Authority as part of the Response for the purposes of this RFQ and the Competitive Selection Process. 6.3 CONFIDENTIALITY OF AUTHORITY INFORMATION All non-public information pertaining to, or provided by or on behalf of, Partnerships BC or the Authority obtained by a Respondent as a result of participation in this RFQ is confidential and will not be disclosed without written authorization from Partnerships BC or the Authority (as applicable). Except as expressly stated in this RFQ and subject to the FOIPPA or other applicable legislation, all documents and other records submitted in response to this RFQ will be considered confidential; however, such information or parts thereof may be released pursuant to requests under FOIPPA or other applicable legislation. By submitting a Response, a Respondent will be deemed to have agreed to all the terms of the Confidentiality Agreement attached as part of Appendix C. Proponents will also be required to sign a Participation Agreement as a condition of participating in the RFP, and such agreement will include confidentiality and other provisions. The Authority expects that the form of the Participation Agreement will be substantially as set out in Appendix F. The Authority has engaged Partnerships BC. Partnerships BC has been and continues to be involved in other projects, and the Authority may receive information in respect of other projects which may be relevant to the Project. Subject to the terms of the RFQ, the Authority may in its discretion disclose information that is available from this Project to Partnerships BC and other projects and may obtain information from other projects.
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